Hay v. Commonwealth

COFFROTH, P.J.,

This eminent domain case is before us on the condemnees’ petition to compel condemnor to pay delay compensation. The petition raises two alternative questions:(1) Whether delay compensation is payable for the period of time during which the condemnees are in possession of the condemned property, farm land but whose right of possession, use and enjoyment of the property is materially restricted by condemnation and the consequent transfer to the condemnor of the right of possession; and(2) Whether the conclusion in the viewers’ report that damages for delay shall be calculated…